Ending your marriage will probably be one of the most difficult experiences of your life. The difficulty is not just emotional, but legal as well. When it comes time for separation and divorce, seek the counsel of our experienced and professional Charlotte family law attorneys at Dummit Fradin.
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With nearly 50% of marriages in the U.S. ending in divorce, it is difficult to find a family not affected by divorce, either directly or indirectly. It is important for divorcing couples to recognize several key distinctions in North Carolina law. First, a couple is eligible for divorce after a one year period of separation. This means that the parties have physically separated and at least one of the parties intends to end the marital relationship permanently. This separation must last for a period of one full year before the parties are eligible for divorce. At least one of the parties must also reside in the state of North Carolina for at least six months prior to filing for divorce.
The second key distinction is that North Carolina is a "no-fault" divorce state, meaning that factors such as infidelity or abandonment are not considered for the purpose of actually securing a divorce. The only requirements are that the parties had a valid marriage, have been separated for one year or more, and that at least one party is a resident of North Carolina for six or more months. North Carolina divorces are governed by N.C.G.S. § 50-6. The divorce process dissolves the bonds of marriage between husband and wife.
Spouses often confuse the meaning of the term "separation" and often inquire about "legal separation." Physical separation, meaning the parties no longer reside in the same residence and at least one party intends to end the marital relationship, tolls the one year statutory period. No formal documents are required to establish that a husband and wife are separated, however, in most cases a separation agreement can be used to resolve most of the marital issues that are a result of a separation including child custody and visitation, spousal support, and property distribution without the necessity of litigation.
Our Charlotte divorce lawyers at Dummit Fradin are experienced with all matters resulting from the breakdown of a marriage and can walk you through the process with sympathy and professionalism. We recognize the importance of these matters to your family and use our experience to ensure that your rights are protected.